Johnston v. Maha, No. 08-6048, involved a civil rights action regarding the conditions of plaintiff-inmate's confinement. The court of appeals granted plaintiff's motion for appointment of counsel in his appeal of the grant of defendants' motion for summary judgment, on the ground that plaintiff's claims met the threshold standard of likely merit and presented issues of substantial complexity such that appointment of counsel would be of significant benefit to the court.

In US v. Oluwanisola, No. 08-4442, the court of appeals vacated defendant's convictions for conspiring to import heroin into the U.S., conspiring to possess with intent to distribute heroin, and possessing heroin with intent to distribute, holding that the district court erred in applying United States v. Barrow, 400 F.3d 109 (2d Cir. 2005), to whether certain evidence elicited at trial would open the door to the admission of proffer statements.

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